Appeal 6004647

The appeal is allowed and planning permission is granted for the erection of two dwellings, together with landscaping, and all associated works at [site address] , Reading [postcode] in accordance with the terms of the application, Ref P25/S2564/FUL, subject to the conditions in the attached schedule.

The main issue is the effect of the proposed development on the character and appearance of the area, and whether it would conserve or enhance the landscape and scenic beauty of the Chilterns National Landscape.

The site falls within the Chilterns National Landscape (NL) which is designated for the purposes of conserving and enhancing its natural beauty. As the decision maker there is a duty upon me to seek to further these purposes. The Framework confirms that great weight should be given to conserving and enhancing the landscape and scenic beauty of the NL, and that the scale and extent of development should be limited.

The appeal site comprises an area of flat grassland located towards the edge of the settlement. It lies between the rear boundaries of the residential properties fronting [site address] and [site address] , a detached property set back from [site address] . There is agricultural land to the rear and a paddock opposite, beyond the access drive. By virtue of its undeveloped nature, the site contributes positively to the spacious, semi-rural character of the edge of the settlement.

The appeal scheme seeks the construction of 2 detached dwellings, access to which is proposed from the existing driveway to [site address] , from [site address] . The introduction of the development as proposed would inevitably change the character and appearance of the site. While considerably smaller than the plots of [site address] , [address] and [name], given the proximity of the site to [site address] , the proposed layout, including the gaps between the built form, would not appear incongruous or at an unduly high density. Moreover, the external materials and design of the dwellings, with lower eaves, staggered ridge heights, dormer windows and hipped roofs, would not be out of place with the prevailing size and appearance of dwellings nearby.

Consequently, the overall scale of the proposed dwellings and their position within the plots would be consistent with that of the surrounding area. By virtue of the remaining gaps between the flank elevations of the dwellings and the adjoining built form to either side of the site, together with the open land beyond the front and rear of the site, which would serve to maintain a degree of spaciousness, the proposal would not unduly erode the area’s semi-rural character.

Given the relatively modest size of the openings in the dwellings, glazing would be limited. As such, while some light spill may occur at night, it is unlikely to be intrusive. Subject to the imposition of a suitable planning condition, lighting levels would be acceptable in the residential context and would not significantly harm the rural character of the wider area. The appeal site is located within the settlement boundary at Woodcote. The area immediately beyond which, falls within the [name] character area, as identified in the [name] and Vale of White Horse Landscape Character Assessment (2024). The key characteristics of the area include its heavily wooded character, with woodlands interspersed with a mixture of pasture and arable land. The assessment also sets out that, while being sparsely settled, it includes the more concentrated settlement at Woodcote. The nature and appearance of the appeal site and its surroundings accord with these characteristics. The appellant’s Landscape & Visual Impact Assessment indicates the wooded, well-vegetated character of the setting of the site creates a strong sense of enclosure and curtails longer distance views within the localised landscape, which accords with my observations during my site visit. Thus, even during the summer months, due to the siting and overall height of the dwellings, together with the nearby built form and surrounding woodland, longer distance views of the scheme from the surrounding wider countryside would be somewhat limited.

While the development would be apparent in localised views, including from [site address] and nearby properties, it would be seen within the context of the surrounding built form, where it would not appear discordant, or erode the wider, more sparsely settled landscape character beyond the site. As the dwellings would be viewed in this context, there would be no harm to the visual qualities and essential characteristics of the NL in terms of its landscape and scenic beauty, nor would the development undermine the purpose of the NL. It would therefore not conflict with Policies DP1 and DP2, of the Chilterns Management Plan which seek to ensure that the importance of conserving or enhancing the NL is paramount in decision making and great weight given to the protection of the NL.

I therefore conclude that the proposed development would not harm the character and appearance of the area and would conserve or enhance the landscape and scenic beauty of the NL. Accordingly, it would not conflict with the aims of Policies ENV1, DES1, and DES2 of the South Oxfordshire Local Plan, adopted December 2020 (SOLP), which require the highest level of protection to be given to the landscape and scenic beauty of the NL and that new development should be of a high quality design that, among other things, uses land efficiently while respecting the existing landscape character. It would also accord with Policies D1 and H9 of the Woodcote Neighbourhood Plan 2013-2035, made October 2022 (WNP), which seek development of high quality and inclusive design, that conserves local distinctiveness, and support well designed developments which is consistent with the character of the locality.

I am mindful of the aspirations of the housing strategy set out in the WNP, which seek a demographically mixed and balanced community and prioritise smaller family-sized dwellings, and concerns that the size of the dwellings proposed may not meet the need for smaller, more affordable units in the area. Nonetheless, my attention has not been drawn to any policy requirement to provide a particular mix of dwelling sizes, or specifically smaller units on sites such as the appeal site.

Subject to suitably worded conditions to secure the implementation of the recommendations set out in the [name] & Biodiversity Net Gain Assessment, details of enhancement measures and lighting, the proposal would not have an adverse effect on biodiversity, including protected species. In addition, an [name] and Tree Protection Plan would ensure the long-term wellbeing of existing trees.

Concern has been raised by interested parties regarding highway safety arising from increased traffic generation from the proposed development, as well as construction traffic, upon all users of the highway. However, the Highway Authority has raised no objection to the proposal given the modest increase in traffic from only 2 dwellings and having regard to likely traffic speeds and the highway layout. Furthermore, the Highway Authority is satisfied that the required visibility could be achieved at the junction with [site address] . Having regard to this assessment and given my observations of the access arrangements at my site visit, I have no reason to reach a different view. Moreover, whilst the construction process, including delivery and construction vehicles may be inconvenient it would be short-term and is not a reason to withhold permission.

The Council has not raised an objection to the proposal with regards to the effects of the development upon the living conditions of the occupiers of the neighbouring properties. Given the siting and design of the proposed dwellings, there is no compelling evidence that the development would give rise to harm in that regard to draw me to reach a different conclusion. Nor has the Council objected to the proposed arrangements for refuse storage, which, by virtue of the temporary nature of the siting of bins on [site address] on collection days, would be unlikely to give rise to any significant adverse effects.

Any effects the proposal may have on the main sewer pipe which runs through the field to the rear of the site, or restrictive covenants relating to boundary treatments would be private matters for the relevant parties to resolve.

Whether or not pre-application advice provided by the Council was adhered to by the appellant, I have determined the appeal on its own merits, based on the evidence before me.

The conditions set out in the accompanying schedule are based on those suggested by the Council, should the appeal be allowed. [name] agree the conditions are necessary, I have amended the wording, in the interests of precision and clarity, and to comply with advice in the Planning Practice Guidance (PPG). Where they are not needed for clarity, I have removed generic lists of requirements from the suggested conditions, so that the parties can agree what is necessary to satisfy the conditions in light of the situation at the time and guidance applicable at the time approval is sought.

In addition to the standard condition controlling the timescale within which the development must commence, a condition is required to specify the relevant plans, in the interests of certainty. Conditions to require details of external materials to be used and hard and soft landscaping, to include tree planting, are necessary in the interests of the character and appearance of the area, as well as a condition to require an arboricultural method statement and tree protection plan. To avoid duplication, I have consolidated the Council’s suggested landscaping and tree planting conditions. The tree protection condition is a pre-commencement condition because any recommendations therein need to be implemented before any work on site can take place.

In the interests of highway safety, and to encourage sustainable patterns of travel, conditions are necessary to ensure the provision of the visibility splay and vehicle and cycle parking.

To ensure the development would not exacerbate flooding, a condition is necessary to require details of a surface water drainage scheme for the site. This is worded as a pre-commencement condition as surface water drainage is an integral part of the development that may affect how it is constructed. The application form indicates that it is proposed that foul sewage is to be disposed of via the mains sewer. In the absence of any compelling evidence that this would not be possible, a condition requiring further details of foul drainage arrangements are not necessary. To ensure the dwellings achieve the reduction in carbon emissions set out in Policy DES10 of the SOLP, a condition is necessary to require compliance with the submitted [name]. Given that the surface water and carbon reduction conditions require compliance with the measures therein, it is not necessary to require written verification that this has taken place, I have deleted and reworded the suggested conditions accordingly.

In order to conserve and enhance protected and priority species conditions are necessary to ensure the development is carried out in accordance with the details contained in the submitted [name], and to agree appropriate enhancement measures and details of any lighting to be installed at the site.

Conditions are put to me which would restrict permitted development rights from the proposed dwellings under Schedule 2, Part 1, Class E and Part 2, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO). The PPG states that area-wide or blanket removal of freedoms to carry out small scale domestic and non-domestic alterations that would otherwise not require an application for planning permission are unlikely to meet the tests of reasonableness and necessity. While there are specific classes where permitted development rights do not apply, the GPDO does not withdraw such rights for the provision of buildings and other development within the curtilage of a dwelling within the NL. It can therefore be surmised that the development within a NL for which Class E permitted development rights remain intact is regarded by the Government as being no different in terms of the application of permitted development rights to land outside of it. Consequently, in the absence of any compelling reasons why permitted development rights for outbuildings should be withdrawn in this case, a condition to restrict development under Class E, has not been shown to be necessary. However, given the imposition of a condition to approve details of hard landscaping, which would include boundary treatment, it would be necessary impose a condition to remove permitted development rights for the subsequent erection of gates, fences and walls without the express grant of planning permission.

The requirement to instal electric vehicle charge points in new homes forms part of Building Control Regulations. As it has not been explained why these regulations and controls do not satisfactorily deal with this matter, this suggested condition is considered unnecessary.

For the reasons set out above I conclude that the appeal should be allowed, subject to the conditions set out in the attached schedule.

The development hereby permitted shall begin not later than 3 years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing nos: Location Plan dwg. no. 25014-L01, Proposed Block Plan dwg. no. 25014- PP1010, Proposed Site Plan dwg. no. 25014-PP1011, [address] Elevation dwg. no. 25014-PE1012, Plot 1 Plans and Elevations dwg. no 25014-PP1030 and Plot 2 Plans and Elevations dwg. no. 25014-PP2030.

No development above slab level shall take place until a photographic schedule of all materials to be used in the construction of the external surfaces of the development hereby permitted has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained as such thereafter.

Prior to the construction of any development above slab level a scheme for the landscaping of the site, including the planting of live trees and shrubs, the treatment of the access road and hard standings, and the provision of boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. These details shall include schedules of new trees, including details of the tree species and the site specific tree pits in which they are to be planted, and shrubs to be planted (noting species, plant sizes and numbers/densities), the identification of the existing trees and shrubs on the site to be retained (noting species, location and spread), any earth moving operations and finished levels/contours, and an implementation programme. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.

No site clearance, preparatory work or development shall take place until a scheme for the protection of the retained trees (the tree protection plan) and the appropriate working methods (the arboricultural method statement) in accordance with paragraphs 5.5 and 6.1 of [name] 5837: Trees in relation to design, demolition and construction - Recommendations (or in an equivalent [name] if replaced) has been submitted to and approved in writing by the Local Planning Authority. The scheme for the protection of the retained trees shall be carried out as approved. In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars.

Prior to the first occupation of the development hereby approved, the visibility splays shown on drawing no. 25014-PP1011, shall be free of any obstruction exceeding 0.9 metres in height as measured from carriageway level and shall be retained as such thereafter.

Prior to the first occupation of the development hereby approved, the parking and turning areas shall be provided in accordance with drawing no. 25014-PP1011, and shall be constructed, laid out, surfaced, drained and completed to be compliant with sustainable drainage (SuDS) principles. Thereafter these spaces shall be retained for the parking of vehicles at all times.

Prior to the first occupation of the development hereby approved, details of cycle parking facilities shall be submitted to and approved by the Local Planning Authority. The approved facilities shall be provided prior to the first occupation of the development and shall thereafter be kept available for the parking of bicycles at all times.

No development shall take place until a detailed surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a timetable for its implementation; and, iii) provide, a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The development shall be carried out in accordance with the approved details. The sustainable drainage system shall be managed and maintained thereafter in accordance with the approved management and maintenance plan.

The development hereby approved shall be implemented in full accordance with the method statements for mitigating construction impacts on protected species (nesting birds, foraging badger and hedgehog) set out in Sections 6.3.2.1 and 6.3.4 of the [name] report by [name], dated May 2025, submitted with the application

Prior to the construction of the development above slab level, details (including specification, position, height, orientation) of a scheme of features to be provided for protected and priority species, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme of features shall be fully implemented in accordance with the approved details prior to the first occupation of the dwellings and shall be maintained thereafter.

Prior to the installation of external lighting, full details including height, design, location, intensity shall be submitted to and approved in writing by the Local Planning Authority. The lighting installation shall then be carried out in accordance with the approved details and shall be retained as such thereafter.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no development permitted by virtue of Class A of Part 2 of Schedule 2 to the Order shall be undertaken.

Prior to first occupation, all carbon reduction energy efficiency measures shall be implemented in accordance with the [name] hereby approved. The measures shall be retained and maintained as such thereafter in accordance with the [name]. ******end of conditions******